Secane man files suit against Darby Township police officer

A Secane man has filed assault and civil rights claims in federal court against a Darby Township police officer, alleging he was brutally beaten during a 2011 traffic stop and required two rounds of hospitalization.

In the nine-count complaint filed with the U.S. District Court for the Eastern District of Pennsylvania on Monday, Samuel Mirra Jr. claims Officer Daniel Fynes repeatedly struck him on the morning of May 23, 2011, following an argument about a DUI license suspension.

Darby Township and Detective John Lundell are also named in the suit. Township attorney Michael Pierce said he had not seen the complaint Tuesday, but would not be able to comment on pending litigation anyway. Attempts to contact the Darby Township Police Department were unsuccessful.

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According to the complaint, Mirra was pulling out of his driveway to take his son to school when he nearly collided with Fynes' police cruiser.

When Fynes pulled him over a short while later, Mirra claims he explained that his license was suspended because of a DUI, but his attorney had moved to dismiss the conviction due to faulty breathalyzer readings. According to the complaint, Fynes called him a "f--ing liar," and told him to "shut the f-- up, turn around and put your hands on the vehicle."

"I don't know who the f-- you're talking to, but you can't talk to me like you talk to your wife," Mirra allegedly shot back.

According to the complaint, Fynes punched Mirra in the face, then continued to punch and kick him while on the ground. Mirra was taken into custody, but allegedly complained of wooziness. He was taken to Mercy Fitzgerald Hospital at around 3 p.m., where he was admitted to the emergency room and diagnosed with intracranial bleeding, as well as multiple abrasions and swelling.

Mirra was released from the intensive care unit on May 27, but returned on June 5 and was readmitted for an additional five days after complaining of dizziness and severe headaches, according to the complaint.

He was arraigned on June 30 for resisting arrest and driving while suspended DUI, though a charge of aggravated assault was later added at a preliminary hearing.

Prior to a February 2012 jury trial, Assistant District Attorney Sandra Urban added summary offenses for disorderly conduct to the list of charges. At trial, Fynes denied ever striking Mirra and claimed he had fallen on the curb. An expert witness for the defense claimed Mirra could only have suffered his injuries from blunt-force trauma.

Mirra was acquitted by a jury on the resisting arrest and aggravated assault charges, but he was convicted by Judge John Capuzzi on the summary offenses. A subsequent appeal to the Pennsylvania Superior Court affirmed the judge's ruling.

Mirra's attorney, Joseph Oxman, who also represented him at trial, said that might be the biggest bar he faces to bringing this suit. The 3rd Circuit Court of Appeals has held that a conviction on any underlying offense in a criminal case precludes bringing a civil action for violations of the Fourth Amendment, such as wrongful arrest, according to Oxman.

Mirra is additionally claiming assault and battery, deliberate indifference to his medical needs, malicious prosecution and intentional infliction of emotional distress. He is also bringing a claim against the township for failure to train, supervise and discipline Fynes.

The complaint is seeking compensatory and punitive damages, as well as legal fees and any other relief the court deems proper.